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S.K.MISHRA, SAVITRI RATHO
Habil Sindhu – Appellant
Versus
State of Odisha – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. Himansu Bhusan Das, (Amicus Curiae)
For the Respondent:Mr. M.S. Sahoo, (Addi. Government Advocate)

JUDGMENT

S.K. Mishra, J.—In this appeal, the sole appellant-Habil Sindhu had assailed his conviction under Section 302/201 of the Indian Penal Code, 1860, hereinafter referred to as ‘Penal Code’ for brevity by the learned Addi. Sessions Judge (FTC), Baripada in S.T. Case No.40/163 of 2003. As per the judgment dated 30.06.2005, the learned trial Judge convicted the appellant for the aforesaid offence and sentenced him to undergo R.I. for life for the offence under Section 302 of the Penal Code. No separate sentence has been passed for the offence under Section 201 of the Penal Code.

2. The learned Amicus Curiae has assailed the impugned judgment on various grounds pertaining to appreciation of evidence. However, we are inclined to take into consideration the last submission made by the learned Amicus Curiae relying upon the reported case of Anokhilal v. State of Madhya Pradesh, (2019) 20 SCC 196. He would submit that in this case the appellant was not provided with effective free legal services by the State Defence Counsel (SDC). The learned counsel for the appellant argued that although the learned trial Judge engaged a SDC to defend him, but such counsel was engaged without ass

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